N.D.Ga.: Def’s removal for questioning and 8 hour detention could’t be justified under Summers

Defendant’s handcuffing and removal to the police station for interrogation could not be justified by Summers and was without probable cause. He was held eight hours and interrogated. United States v. Mitchell, 2019 U.S. Dist. LEXIS 139026 (N.D. Ga. June 24, 2019).

Defendant left the place about to be searched under a warrant, and he was stopped. “The fact that the officers involved were proceeding under the belief that the search warrant also authorized the search of Cousan’s person is of no moment since there was probable cause to arrest him at the time of the search and detention.” Alternatively, there was reasonable suspicion that ripened into probable cause. State v. Cousan, 2019 OK CR 16, 2019 Okla. Crim. App. LEXIS 18 (Aug. 16, 2019).